Did you ever notice how some regulators have completely different perspectives? It is the way they approach a question and view it.

Floridas Office of Insurance Regulation (FOIR) will soon propose rules that restrict the use of occupation and education as rating factors. As you know, these factors are heavily relied upon by GEICO for calculating car insurance premiums. While other insurers use these factors as well, GEICO emphasizes these more than most carriers. GEICOs high profile use of education and occupation has attracted national attention.

FOIR put out a report finding that the use of education and occupation harms low-salary folks and minorities. Higher car insurance premiums result for the poor and undereducated, and in many cases, poor folks cannot afford the premiums, therefore, their access to these insurers becomes restricted.

So the Florida regulators will allow rating use of education and occupation only if the carrier can prove it does not disproportionately impact consumers based upon salary and race. And there is the rub. That is, a Florida car insurer has to offer proof that they will not harm the consumer based on socio-economic status. That is not so here in New Jersey.

New Jersey regulators have a different mindset. Commissioner Steven Goldman was recently quoted in the Insurance Advocate (March 26) as saying, Our position then was we had no information that demonstrated to us that the use of education and occupation was discriminatory in its application. And, what I had said at that time was, if there was that kind of evidence presented to us, we would certainly consider that information in carrying out our regulatory function.

These are two different perspectives. Simply put, New Jersey says show us it does hurt, otherwise well allow it. Conversely, Florida says show us it doesnt hurt in order for us to allow it.

Well, Commissioner Goldman, I think Florida has some evidence. And I cannot help but wonder why folks have to present you with evidence? Shouldnt you be looking for evidence?